The applicant was previously a Tier 1 Entrepreneur. Her LTR extension was refused last year as her accountants had not maintained correct records and she had not transferred the whole 200k to the company account within the 3 years. She returned home and now wishes to re-apply, making a new loan to the company, and to then come back again as an entrepreneur (having, she say, learned the lessons of the past…)
Now, though she did not meet the criteria for an extension of leave, am I right in thinking she did not “breach the terms of her leave”, in a manner which would lead to a 320(7) re-entry ban for 12 months? Or does her failure to meet the end terms of the three years to get an extension mean that she will not be able to apply again now as she hopes?
Any advice as always appreciated —Jessica B
(7) save in relation to a person settled in the United Kingdom or where the Immigration Officer is satisfied that there are strong compassionate reasons justifying admission, confirmation from the Medical Inspector that, for medical reasons, it is undesirable to admit a person seeking leave to enter the United Kingdom.
Did you mean 320(7B)( b )?
Thanks Vinny, and sorry yes, i did mean 7B(b). So you think she can re-apply without risk of the ban?
Check the “cooling-off” period, last year I saw in the rules that a Tier 1 Entrepreneur Migrant cannot re-apply for EC under T1E again unless 12 months passed from the return.